LAKSHMI KANT PATEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 7/2/2018 and 18/1/2018 passed in CWJC No.6048 of 2017, whereby the learned single Judge has declined to pass an order for payment of full gratuity with interest to the appellant only on the ground of pendency of a criminal case involving disproportionate assets, though in the departmental proceeding the allegation against the petitioner has not been substantially proved and an order to deduct 10% of pension amount payable to the petitioner has already been passed.

(2.) The appellant had moved this Court in CWJC No.6048 of 2017 seeking release of full amount of gratuity payable to the petitioner and also to direct the release of the full amount due to him by way of unutilized leave which was payable to the petitioner. The writ petitioner had further prayed for payment of interest over such dues, which became payable to him after his superannuation in the month of January, 2016.

(3.) The brief facts, which led to the filing of the writ application, is that the petitioner-appellant was made an accused in Economic Offence Unit P.S. Case No.18 of 2014 dtd. 19/3/2014 in respect of an offence alleging acquiring of assets disproportionate to his income. Accordingly, a departmental proceeding was also initiated against the petitioner wherein a final order has been passed on 29/11/2016 (Annexure 4 to the writ application), by which it has been ordered that 10% of the pension amount shall permanently be deducted from the petitioner, apart from the order not to pay anything except subsistence allowance during the period of suspension.